Book



EU External Relations Law: The Cases in Context

Edited by Professor Graham Butler, Full Professor of Law, University of Southern Denmark & Professor Ramses A Wessel, Professor of European Law, University of Groningen, The Netherlands.

Hart Publishing/Bloomsbury, Oxford, 2022.

ISBN (Hardback): 978-1-50993-969-5 (9781509939695). ISBN (PDF): 978-1-50993-971-8 (9781509939718). ISBN (epub): 978-1-50993-970-1 (9781509939701).

About:

Marking the 50th anniversary of the influential ERTA doctrine, this book analyses and contextualises the entire breadth of the jurisprudence of EU external relations law through a systematic, case-by-case account of the field.

The entire framework of EU external relations law has been built from the ground up by the jurisprudence of the Court of Justice of the European Union. At the beginning of the field’s emergence, the legal questions to be answered concerned the division of powers and competence between, firstly, the Member States and that of the Union; and secondly, the division of powers and competence between the different institutions of the Union. Questions on such matters continue to be asked, but more contemporarily, new legal questions have arisen that have been in need of adjudication, including questions concerning the autonomy of Union law; the relationship between the Union and other international organisations; the relationship between Union law and international law; the scope and breadth of international agreements; amongst others.

The book features established academic scholars, judges, agents of institutions and Member States, and legal practitioners in the field of EU external relations law, analysing over 90 cases in which the Court has legally shaped the theory and practice of the external dimension of legal Europe.

Outline Table of Contents:

  • EU External Relations Law and Navigating the Case Law of the Court of Justice of the European Union

    Graham Butler and Ramses A Wessel

  1. Implied Powers of the EU, Limits to Political Expediency and Internationally Inspired Pragmatism: Commission v Council (ERTA)

    Inge Govaere

  2. International Agreements in the EU Legal Order: International Fruit

    Alessandro Petti and Joanne Scott

  3. International Agreements as an Integral Part of EU Law: Haegeman

    Ramses A Wessel

  4. Common Commercial Policy and the Determination of Exclusivity: Opinion 1/75 (Local Cost Standard)

    Marise Cremona and Jaka Kukavica

  5. The EU Customs Union, International Agreements of EU Member States, and the Doctrine of Substitution: Nederlandse Spoorwegen

    Graham Butler

  6. Establishing Direct Effect of Provisions in International Agreements: Bresciani

    Timothy Roes

  7. Refining and Expanding Implied Powers of the Union: Kramer

    Tobias Lock

  8. Linking Internal and External Trade in a Perfect Customs Union: Donckerwolcke

    Piet Eeckhout

  9. EU External Competence in the Absence of Internal Rules, and the Sleeping Beauty: Opinion 1/76 (Laying Up Fund for Inland Waterway Vessels)

    Allan Rosas

  10. The Birth of the Principle of Close Cooperation, Declaration of Competences, and the Ruling Procedure: Ruling 1/78 (Convention on Nuclear Protection)

    Anna Södersten

  11. Defining the Scope of the Treaty-Making Competence for the Formulation of the Common Commercial Policy: Opinion 1/78 (Natural Rubber)

    Per Cramér

  12. International Agreements Concluded by Member States Prior to their EU Accession: Burgoa

    Panos Koutrakos

  13. The Purpose of International Agreements and their Direct Effect: Polydor

    Jan Klabbers

  14. Status and Enforceability of EU International Agreements within the Domestic Legal Systems of the Member States: Kupferberg

    Eleftheria Neframi

  15. The EU’s Common Customs Tariff, Uniform Application of International Agreements, and the Demarcation between EU and Member State ‘Spheres of International Law’: SPI/SAMI

    Dylan Geraets

  16. Direct Effect of Association Agreements and the Meaning of ‘Association’: Demirel

    Guillaume Van der Loo

  17. Judicial Review of EU Measures in the Light of WTO Rules: Fediol and Nakajima

    Tamara Perišin and Ilektra Antonaki

  18. The Integration of Decisions of Association Councils in EU Law: Greece v Commission (Special Aid to Turkey)

    Fernando Castillo de la Torre

  19. The Legal Effects of Decisions of Autonomous Bodies Established under an International Agreement: Sevince

    Nathan Cambien

  20. The Union’s Participation in Legally Binding International Third-Party Dispute Settlement: Opinion 1/91 (EEA I) and Opinion 1/92 (EEA II)

    Esa Paasivirta

  21. Setting the Multiple Functions of Customary International Law in the EU Legal Order: Poulsen

    Charlotte Beaucillon

  22. ERTA, Mixity and the Duty of Cooperation in the Conclusion of International Agreements: Opinion 2/91 (ILO Convention)

    Mirka Kuisma

  23. The Reviewability of Acts Adopted by the Member States Meeting within the Council: Parliament v Council and Commission (Bangladesh Aid)

    Luca Pantaleo

  24. Legality of the European Development Fund and the European Parliament’s Prerogatives: Parliament v Council (European Development Fund)

    Sandra Bartelt

  25. Unrecognised ‘States’ and EU Law: Anastasiou I

    Alina Tryfonidou

  26. No General Treaty-Making Power of the Commission to Conclude International Administrative Agreements: France v Commission I

    Andrea Ott

  27. Consistent Interpretation and Continuous Dialogue between the EU and the WTO: Germany v Council (Bananas)

    Joseph A. McMahon

  28. A Setback in a Never-Ending Expansion to External Competence? Opinion 1/94 (WTO)

    Enzo Cannizzaro

  29. The Scope of the Union’s Exclusive External Competences and the Verification of Competence: Opinion 2/92 (OECD)

    Daniel Sarmiento

  30. Unilateral Measures of Member States Affecting the Internal Market and the Law/Politics Divide in External Relations: Commission v Greece (FYROM)

    Henri de Waele

  31. EU Membership in International Organisations and the Joint Exercise of Membership Rights: Commission v Council (FAO)

    Rita Guerreiro Teixeira and Jan Wouters

  32. The First Attempt at EU Accession to the ECHR: Opinion 2/94

    Stian Øby Johansen

  33. Enforcement of International Sanctions within the EU Legal Order: Bosphorus

    Aindrias Ó Caoimh

  34. Scope of EU Development Policy: Portugal v Council (India Cooperation Agreement)

    Morten Broberg

  35. Legal Certainty and Customary International Law: Opel Austria

    Marcus Klamert

  36. Invoking Customary International Law before the Court: Racke

    Jed Odermatt

  37. The Effect of WTO Law in the EU Legal Order: Portugal v Council

    Holger P Hestermeyer

  38. The Member States’ Duty to Denounce Anterior Treaties: Commission v Portugal (Maritime Policies)

    Hannes Lenk

  39. The Relationship between the Common Commercial Policy and Other External Competences of the EU: Opinion 2/00 (Cartagena Protocol)

    Koen Lenaerts and Stanislas Adam

  40. Autonomy of the EU Legal Order and International Agreements Extending the Acquis: Opinion 1/00 (European Common Aviation Area)

    Cécile Rapoport

  41. Clarification of Exclusive Implied External Competence of the Union: Open Skies

    Wybe Th Douma

  42. Respect for Institutional Balance in the Adoption of Non-legally Binding Agreements: France v Commission II

    Paula García Andrade

  43. The Effect of WTO Dispute Settlement Body Decisions in EU Law: Van Parys

    Karsten Engsig Sørensen

  44. Direct Effect of the EU–Russia Partnership and Cooperation Agreement, Non-discrimination and the Beautiful Game: Simutenkov

    Adam Łazowski

  45. The Indissociable Link between Environmental Policy and the Common Commercial Policy: Commission v Council (Rotterdam Convention I)

    Geert De Baere

  46. Lowering the Threshold for Finding Implied Powers: Opinion 1/03 (Lugano Convention)

    Merijn Chamon

  47. The Exclusive Jurisdiction of the Court and International Courts: Commission v Ireland (Mox Plant)

    Andrés Delgado Casteleiro

  48. Judicial Protection in Autonomous Restrictive Measures Involving Composite Administrative Procedures: OMPI

    Trevor Redmond

  49. The Autonomy of EU Law vis-à-vis International Law: Kadi I and Kadi II

    Christina Eckes

  50. Laying the Foundation for a Broad Scope of EU Development Cooperation Policy and its Delimitation with Other EU External Competence: Parliament v Commission (Philippines Border Management)

    Tina Van den Sanden

  51. The Pre-Lisbon Machinery for the Delimitation of the CFSP: Commission v Council (ECOWAS)

    Rass Holdgaard and Gustav Krohn Schaldemose

  52. The Legal Effects of the MARPOL Convention and the UN Convention on the Law of the Sea: Intertanko

    Mario Mendez

  53. Implied External Exclusivity and the Duty of Loyal Cooperation in International Organisations: Commission v Greece (International Maritime Organisation)

    Thomas Ramopoulos

  54. Visa Requirements for Turkish Citizens: Soysal & Savatli and Demirkan

    Bruno De Witte

  55. The Application of EU Law in an Unrecognised Entity: Apostolides v Orams

    Nikos Skoutaris

  56. Potential Incompatibility of International Agreements Concluded by Member States before Accession: Commission v Austria, Commission v Sweden and Commission v Finland

    Luigi Lonardo

  57. The Application of EU International Agreements to Occupied and Disputed Territories: Brita

    Paul James Cardwell

  58. Union Loyalty in Mixed External Relations and the Weight of Informal Preparatory Acts: Commission v Sweden (PFOS)

    Pieter Jan Kuijper

  59. The Ambivalent Clarification of the Effects of International Conventional and Customary Law in the European Union: Air Transport Association of America

    Isabelle Bosse-Platière

  60. The Choice of Legal Basis between the AFSJ and the CFSP: Parliament v Council (Smart Sanctions)

    José Manuel Cortés Martín and Gloria Fernández Arribas

  61. Common Commercial Policy or Internal Market Rules as the Legal Basis for the Conclusion of International Agreements after Lisbon: Commission v Council (Conditional Access Convention)

    Roberto Mastroianni and Giorgia Lo Tauro

  62. The Choice of Legal Basis for Coordination of Social Security Systems with Associated Third Countries: UK v Council (EEC–Turkey)

    Katarina Hyltén-Cavallius

  63. Jurisdiction of the EU Courts in the CFSP when Linked to the EU Budget: Elitaliana

    Ricardo da Silva Passos

  64. Intellectual Property and the Post-Lisbon Common Commercial Policy: Daiichi Sankyo

    Joris Larik

  65. The Application of EU Internal Competences in an External Context: UK v Council (EEA)

    Tarjei Bekkedal

  66. The Normalisation of CFSP International Agreements in the EU Legal Order: Parliament v Council (Mauritius) and Parliament v Council (Tanzania)

    Juan Santos Vara

  67. The Legal Basis for International Agreements in the field of Development Cooperation Post-Lisbon, and its Potential as a Catch-All Provision: Commission v Council (Philippines PCA)

    Stephan Marquardt and Soledad Rodríguez Sánchez-Tabernero

  68. Member States as Trustees of the Union in International Organisations: Germany v Council (OIV)

    Theodore Konstadinides

  69. The ERTA Doctrine Post-Lisbon: Opinion 1/13 (Convention on the Civil Aspects of International Child Abduction)

    Christian Thorning

  70. The Second Attempt at EU Accession to the ECHR: Opinion 2/13

    Katja S Ziegler

  71. The Impact of Obligations under International Agreements on the (Judicial) Review of EU Measures: Stichting Natuur en Milieu and Pesticide Action Network Europe

    Anne Thies

  72. Hybrid Acts of the EU and its Member States Concerning International Agreements: Commission v Council (US Air Transport Agreement)

    Joni Heliskoski

  73. Balancing Institutional Powers in Negotiating Directives and EU External Environmental Relations: Commission v Council (Australia ETS)

    Sanja Bogojević

  74. EU Representation in International Litigation: Council v Commission (International Tribunal for the Law of the Sea)

    Alexander Kornezov

  75. The Compatibility of EU International Agreements Extending to Occupied Territories with International Law: Front Polisario and Western Sahara Campaign UK

    Eva Kassoti

  76. The Scope of the Court’s Jurisdiction in the CFSP: H v Council and Others

    Luca Prete

  77. Institutional Balance in the Conclusion of Non-binding International Agreements Revisited: Council v Commission (Swiss MoU)

    Anders Neergaard

  78. The Concept of (Non-)Commerciality and the ERTA Doctrine Post-Lisbon: Opinion 3/15 (Marrakesh Treaty)

    Gesa Kübek

  79. Attribution of Authorship of ‘EU’ Legal Acts: NF and Others v European Council

    Mauro Gatti

  80. The Absence of Rights to Humanitarian Visas, and Missions of EU Member States in Third Countries: X and X v Belgium

    Louise Halleskov

  81. Securing a Coherent System of Judicial Protection in Relation to Restrictive Measures: Rosneft

    Peter Van Elsuwege

  82. The EU Competence to Conclude the New Generation of Free Trade Agreements: Opinion 2/15 (EU–Singapore FTA)

    Christine Kaddous

  83. International Agreements Assessed Through the Prism of the Charter of Fundamental Rights: Opinion 1/15 (EU–Canada PNR)

    Suzanne Kingston

  84. The Unitary Representation of the Union in an International Forum and Clarification of Shared Competence and Facultative Mixity Post-Lisbon: Germany v Council (COTIF I) and Commission v Germany (COTIF II)

    Maciej Szpunar and Roland Klages

  85. The Web of Autonomy of the EU Legal Order: Achmea

    Xavier Groussot and Marja-Liisa Öberg

  86. The Delineation between CFSP and Non-CFSP Matters: Commission v Council (Kazakhstan)

    Thomas Verellen

  87. Mixity and Exercising Shared Competence in International Fora: Commission v Council (Antarctic Marine Protected Areas)

    Frederik Naert

  88. Investor–State Dispute Tribunals Established under EU International Agreements: Opinion 1/17 (EU–Canada CETA)

    Kieran Bradley

  89. Ensuring Respect for International Humanitarian Law Through Labelling Requirements: OJE and Vignoble Psagot

    Sara Poli

  90. Inter se Agreements between Member States, and the Outer Limits of the Court’s Jurisdiction in Infringement Proceedings: Slovenia v Croatia

    Federico Casolari

  91. Jurisdiction of the Court for Non-contractual Liability and Actions for Damages Claims within the CFSP: Bank Refah Kargaran

    Graham Butler and Ramses A Wessel

  92. The Right of Third States to Challenge EU Restrictive Measures before the Court: Venezuela v Council

    Francesca Finelli

Editors:

Graham Butler, Full Professor of Law, University of Southern Denmark.

Ramses A Wessel, Professor of European Law and Vice-Dean, University of Groningen, the Netherlands.

Contributing Authors:

Stanislas Adam, Legal Secretary (Référendaire), Court of Justice of the European Union, Luxembourg; Professor of European Union Law, Ghent European Law Institute, Ghent University, Belgium.

Ilektra Antonaki, Legal Secretary (Référendaire), General Court, Court of Justice of the European Union, Luxembourg.

Sandra Bartelt, Deputy Head of Cabinet, Commissioner for International Partnerships, European Commission, Brussels, Belgium.

Tarjei Bekkedal, Professor of Law, Centre for European Law, University of Oslo, Norway.

Sanja Bogojević, Fellow and Professor of Law, Lady Margaret Hall and Faculty of Law, University of Oxford, UK.

Isabelle Bosse-Platière, Professor of Law, Jean Monnet Chair and Director, Western Institute for Law and Europe, National Centre for Scientific Research, University of Rennes, France.

Charlotte Beaucillon, Professor of Law of International and EU Law, University of Lille, France.

Kieran Bradley, Judge, Administrative Tribunal of the Inter-American Development Bank, Washington, DC, USA; former Judge, EU Civil Service Tribunal, Court of Justice of the European Union, Luxembourg; former Special Adviser to the Court of Justice of the European Union on Brexit; Adjunct Professor, School of Law, Trinity College, University of Dublin, Ireland.

Morten Broberg, Professor and Honorary Jean Monnet Professor, University of Copenhagen, Denmark; Judge of the Court of Appeal of Eastern Denmark (Østre Landsret) (ad interim), Denmark.

Graham Butler, Full Professor of Law, University of Southern Denmark.

Nathan Cambien, Legal Secretary (Référendaire), General Court, Court of Justice of the European Union, Luxembourg; Associate Professor, University of Antwerp, Belgium.

Enzo Cannizzaro, Professor of International and European Law, Sapienza University of Rome, Italy.

Paul James Cardwell, Professor of Law and Vice Dean, Dickson Poon School of Law, King’s College London, UK.

Federico Casolari, Associate Professor of European Union Law, University of Bologna, Italy.

Fernando Castillo de la Torre, Director, Legal Service, European Commission, Brussels, Belgium.

Merijn Chamon, Assistant Professor of European Union Law, Maastricht University, the Netherlands; Visiting Professor, College of Europe, Bruges, Belgium.

José Manuel Cortés Martín, Professor of Public International Law, University Pablo de Olavide, Seville, Spain.

Per Cramér, Professor of International Law, Jean Monnet Professor of European Integration Law, Dean, School of Business, Economics and Law, University of Gothenburg, Sweden.

Marise Cremona, Professor Emeritus, European University Institute, Florence, Italy.

Ricardo da Silva Passos, Judge, General Court, Court of Justice of the European Union, Luxembourg; former Director of Institutional and Parliamentary Affairs, Legal Service, European Parliament, Brussels, Belgium.

Geert De Baere, Judge, General Court, Court of Justice of the European Union, Luxembourg; Associate Professor of EU Law and International Law, KU Leuven, Belgium.

Henri de Waele, Professor of International and European Law, Radboud University, Nijmegen, the Netherlands; Guest Professor of EU External Relations Law, University of Antwerp, Belgium; Senior Fellow, Centre for European Integration Studies, University of Bonn, Germany.

Bruno De Witte, Professor of European Law, Maastricht University, the Netherlands and European University Institute, Florence, Italy.

Andrés Delgado Casteleiro, Assistant Professor, Autonomous University of Chile, Santiago, Chile.

Wybe Th. Douma, Senior Legal Advisor at European Environmental Law Consultancy; Ministry of Social Affairs and Employment, the Netherlands; Voluntary Researcher, Ghent University, Belgium.

Christina Eckes, Professor of European Law and Director, Amsterdam Centre for European Law and Governance, University of Amsterdam, the Netherlands.

Piet Eeckhout, Professor of EU Law and Dean, Faculty of Laws, University College London, UK.

Gloria Fernández Arribas, Associate Professor of Public International Law, University Pablo de Olavide, Seville, Spain.

Francesca Finelli, Doctoral Researcher, Faculty of Law, Economics and Finance, University of Luxembourg, Luxembourg.

Paula García Andrade, Associate Professor of Public International Law and European Union Law, Universidad Pontifi cia Comillas, Madrid, Spain.

Mauro Gatti, Assistant Professor of European Union Law, University of Bologna, Italy.

Dylan Geraets, Associate, Mayer Brown Europe-Brussels LLP, Brussels, Belgium; Docent in World Trade Law, University of Eastern Finland, Joensuu, Finland; Associate Fellow, Leuven Centre for Global Governance Studies, KU Leuven, Belgium.

Inge Govaere, Professor of EU Law, Director of the Ghent European Law Institute, Ghent University, Belgium; Director of the European Legal Studies Department, College of Europe, Bruges, Belgium.

Xavier Groussot, Professor of European Law and Vice-Dean of Law, Lund University, Sweden.

Rita Guerreiro Teixeira, Doctoral Researcher, Leuven Centre for Global Governance Studies and Institute for International Law, KU Leuven, Belgium.

Louise Halleskov, Associate Professor of Law, Aarhus University, Denmark.

Joni Heliskoski, Justice, Supreme Administrative Court, Helsinki, Finland; formerly Agent of the Government of Finland before the Court of Justice of the European Union.

Holger P Hestermeyer, Professor of International and EU Law, King’s College London, UK.

Rass Holdgaard, Partner, Kammeradvokaten, Law Firm Poul Smith (Legal Adviser to the Government), Copenhagen, Denmark.

Katarina Hyltén-Cavallius, Assistant Professor of Law, Linnaeus University, Växjö, Sweden.

Stian Øby Johansen, Associate Professor, Centre for European Law, University of Oslo, Norway.

Christine Kaddous, Professor of European Union Law, Jean Monnet Chair ad personam, Director, Centre for European Legal Studies, University of Geneva, Switzerland.

Eva Kassoti, Senior Researcher in European and International Law, Academic Coordinator of the Centre for the Law of European External Relations (CLEER), TMC Asser Institute, The Hague, the Netherlands.

Suzanne Kingston, Judge, General Court, Court of Justice of the European Union, Luxembourg; Professor of Law, University College Dublin, Ireland.

Jan Klabbers, Professor of International Law, University of Helsinki, Finland.

Roland Klages, Member of the Legal Service, European Court of Auditors, Luxembourg.

Marcus Klamert, Professor of European Law, University of Graz, Austria; Legal Advisor, Federal Chancellery, Vienna, Austria.

Theodore Konstadinides, Professor of Law, University of Essex, UK.

Alexander Kornezov, Judge, General Court, Court of Justice of the European Union, Luxembourg.

Panos Koutrakos, Professor of EU Law and Jean Monnet Professor of EU Law, City, University of London, UK.

Gesa Kübek, Assistant Professor in European Law, University of Groningen, the Netherlands.

Pieter Jan Kuijper, Professor Emeritus, Faculty of Law, University of Amsterdam, the Netherlands; former Director of the Legal Affairs Division, WTO Secretariat (1999–2002), Geneva, Switzerland; former Director, Trade and International Relations Division, Legal Service, European Commission (2002–07), Brussels, Belgium.

Mirka Kuisma, Judicial Secretary (Oikeussihteeri), Supreme Administrative Court (korkeinhallinto-oikeus), Helsinki, Finland.

Jaka Kukavica, PhD Researcher, European University Institute, Florence, Italy.

Joris Larik, Assistant Professor of Comparative, EU and International Law, Leiden University, the Netherlands.

Adam Łazowski, Professor of EU Law, Westminster Law School, University of Westminster, London, UK; Visiting Professor, College of Europe, Natolin, Poland.

Koen Lenaerts, President, Court of Justice of the European Union, Luxembourg; Professor of European Union Law, KU Leuven, Belgium.

Hannes Lenk, Assistant Professor of Law, Aarhus University, Denmark; Senior Researcher, Swedish Institute for European Policy Studies, Stockholm, Sweden.

Tobias Lock, Professor of Law and Jean Monnet Chair in EU Law, Maynooth University, Maynooth, Ireland.

Luigi Lonardo, Lecturer in EU Law, University College Cork, Ireland.

Giorgia Lo Tauro, PhD Candidate in EU Law, University of Catania, Italy.

Stephan Marquardt, Head of the Legal Affairs Division, European External Action Service, Brussels, Belgium.

Roberto Mastroianni, Judge, General Court, Court of Justice of the European Union, Luxembourg; Professor of European Union Law, University of Naples ‘Federico II’, Italy.

Mario Mendez, Reader in Law, Queen Mary, University of London, UK.

Joseph McMahon, Full Professor of Commercial Law, Sutherland School of Law, University College Dublin, Ireland.

Frederik Naert, Member of the Legal Service, Council of the European Union, Brussels, Belgium; Affiliated Senior Researcher, KU Leuven, Belgium.

Anders Neergaard, Head of Unit, Legal Service, European Parliament, Brussels, Belgium.

Eleftheria Neframi, Professor of Law, University of Luxembourg, Luxembourg.

Aindrias Ó Caoimh, Senior Counsel, Bar of Ireland; Chair, Regulatory Decisions Panel, Central Bank of Ireland; former Judge, Court of Justice, Court of Justice of the European Union, Luxembourg; former Judge, High Court of Ireland, Dublin, Ireland.

Jed Odermatt, Lecturer in Law, City, University of London, UK.

Andrea Ott, Professor of EU External Relations Law and Jean Monnet Chair in EU Law, Maastricht University, the Netherlands.

Marja-Liisa Öberg, Senior Lecturer in EU Law, Lund University, Sweden.

Esa Paasivirta, Adjunct Professor, University of Helsinki, Finland; former Legal Adviser, European Commission, Brussels, Belgium.

Luca Pantaleo, Assistant Professor of European Union Law, University of Cagliari, Italy.

Tamara Perišin, Judge, General Court, Court of Justice of the European Union, Luxembourg; Professor of EU and WTO Law, University of Zagreb, Croatia.

Alessandro Petti, Max Weber Fellow, Department of Law, European University Institute, Florence, Italy.

Sara Poli, Professor of EU Law, University of Pisa, Italy.

Luca Prete, Legal Secretary (Référendaire), Court of Justice of the European Union, Luxembourg; Guest Professor, Vrije Universiteit, Brussels, Belgium.

Thomas Ramopoulos, Member of the Legal Service, European Commission, Brussels, Belgium.

Cécile Rapoport, Professor of Law, University of Rennes, France.

Trevor Redmond, Legal Counsellor, Department of Foreign Affairs, Dublin, Ireland.

Soledad Rodríguez Sánchez-Tabernero, Legal Adviser, Legal Affairs Division, European External Action Service, Brussels, Belgium.

Timothy Roes, Attorney, Demos Public and European Law, Belgium.

Allan Rosas, President of the Article 255 TFEU panel (2020–); former Judge, Court of Justice, Court of Justice of the European Union (2002–19), Luxembourg; former Deputy Director-General, Legal Service, European Commission (1995–2002), Brussels, Belgium; former Professor of Law, University of Turku (1978 – 81) and Å bo Akademi University (1981–95), Finland.

Juan Santos Vara, Professor of Public International Law and Jean Monnet Professor in EU External Action, University of Salamanca, Spain.

Daniel Sarmiento, Professor of EU Law, Complutense University, Madrid, Spain.

Gustav Krohn Schaldemose, Deputy Head of Division, Ministry of Justice, Copenhagen, Denmark.

Joanne Scott, Professor of European Law and Head, Department of Law, European University Institute, Florence, Italy; Professor of European Law, Faculty of Laws, University College London, UK.

Nikos Skoutaris, Associate Professor in EU Law, University of East Anglia, Norwich, UK.

Maciej Szpunar, First Advocate General, Court of Justice of the European Union, Luxembourg; Professor of Law, University of Silesia, Katowice, Poland.

Karsten Engsig Sørensen, Professor of Law, Aarhus University, Denmark.

Anna Södersten, Senior Researcher, Swedish Institute for European Policy Studies, Stockholm, Sweden.

Anne Thies, Associate Professor in Law, Joint Deputy Head of School, School of Law, University of Reading, UK.

Christian Thorning, Ambassador, Responsible for the Conference on the Future of Europe, Ministry of Foreign Affairs, Copenhagen, Denmark; formerly Agent of Denmark before the Court of Justice of the European Union.

Alina Tryfonidou, Professor of European Law, Neapolis University Paphos, Cyprus; Visiting Professor of Law, University of Reading, UK.

Guillaume Van der Loo, Research Fellow, European Policy Centre and Egmont (Royal Institute for International Relations), Brussels, Belgium; Visiting Professor, Ghent University, Belgium.

Tina Van den Sanden, Legal Officer, Directorate-General for International Partnerships, European Commission, Brussels, Belgium; Senior Affiliated Researcher, Institute for European Law; KU Leuven, Belgium.

Peter Van Elsuwege, Professor of EU Law and Jean Monnet Chair, Ghent European Law Institute, Ghent University, Belgium.

Thomas Verellen, Assistant Professor of European Union and International Law, Utrecht University, the Netherlands; Research Fellow, Institute for European Law, KU Leuven, Belgium.

Ramses A Wessel, Professor of European Law and Vice-Dean, University of Groningen, the Netherlands.

Jan Wouters, Professor of International Law and International Organisations, Jean Monnet Chair ad personam; Director, Leuven Centre for Global Governance Studies and Institute for International Law, KU Leuven, Belgium.

Katja S Ziegler, Sir Robert Jennings Professor of International Law; Co-Director, Centre for European Law and Internationalisation, University of Leicester, UK.

Published Summer 2022.

Order at at: Hart Publishing/Bloomsbury here (20% discount code: CV7).

Citation:

Butler, G & Wessel, RA (eds) 2022, EU External Relations Law: The Cases in Context, Hart Publishing/Bloomsbury: Oxford.

Cited in:

  • Opinion of Advocate General Nicholas Emiliou in Case C‑516/22, European Commission v United Kingdom of Great Britain and Northern Ireland (Judgment of the UK Supreme Court) ECLI:EU:C:2023:857, Court of Justice of the European Union, 9 November 2023. (Fifth Chamber).

Reviews:

  • This book is a positive smorgasbord of treats from across the entire field of EU external relations law. Featuring incisive and authoritative case commentary from an impressive line-up of leading scholars in the field, who analyse no fewer than 92 of the canonical EU cases, this book will be an invaluable resource for all those interested in the subject.”

    • Gráinne de Búrca, Florence Ellinwood Allen Professor of Law, New York University.

  • This volume is rich in analysis and admirably comprehensive. All the leading cases are covered, as well as others perhaps less well known, of which it is extremely useful to be reminded. The history of the development of this area of EU law, in which the Court of Justice has played such a key role, is unfolded chapter by chapter. The star-studded cast of commentators offers new insights on cases we thought we were all familiar with.”

    • Sir Alan Dashwood QC, Henderson Chambers; Emeritus Professor of European Law, University of Cambridge.

  • Long regarded as the Cinderella of EU law, this important book shows how outdated this view of EU external relations law actually is. In fact, from ERTA onwards right up to cases such as Opinion 1/17, cases on EU external relations are increasingly at the heart of EU law. Indeed, this marvellous anthology of the case law and commentaries thereon simply demonstrates the broad, international reach of EU law, affecting states ranging from Iran and Venezuela on the one hand, to disputed territories such Western Sahara and the West Bank on the other. This book consists of over 90 vivid and concise essays, each with further references and reading. This is precisely what the modern legal anthology should look like and it reflects so well on the industry and erudition of the authors and editors alike.”

    • The Hon. Mr. Justice Gerard Hogan, Judge of the Supreme Court of Ireland; Former Advocate General, Court of Justice of the European Union. 

  • EU law on external relations has evolved over the years into a self-standing part of EU law with its own specificities. The founding treaties remaining rather silent on the subject, it fell to the Court of Justice, not to be accused of denial of justice, to fill the gaps. As from ERTA, it has answered the challenge in a highly dynamic case law; and that until today, being confronted with a host of new questions. This book offers a thorough analysis of the evolution of that case law. The impressive tableau of expert authors, both from academia and practice, vouches for its quality. The book enriches existing literature and is highly welcomed.”

    • Christiaan Timmermans, Former Judge, Court of Justice, Court of Justice of the European Union.